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The basic framework of a DUI case is the pre-trial motions and trial. Most people will decide to accept a plea bargain where they admit to being guilty in exchange for the charges to be dropped to a lesser crime.  This is done frequently to avoid going to trial. If your Indianapolis DUI lawyer and the prosecutor cannot come to an agreement regarding the plea bargain, your case will go to trial. Trials are usually pretty similar to what you have seen on TV or in the movies. A jury listens to all of the evidence gathered against you and will determine if you are guilty beyond a reasonable doubt. If your DUI case goes all the way to the trial there will be a sequence of seven steps: pre-trial motions, selecting jury members, opening statements, witness testimony, a cross examination, closing arguments, jury instruction and lastly jury deliberation and verdict.

Pre-Trial Motions

Your Indianapolis DUI Lawyer will usually file a pre-trail motion to ask to the judge to suppress evidence against you or possibly to try and prevent the state from doing something during your

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Between the time of your arrest and your trial, you can both prepare for the trial and show you are trying to change your behavior.

Driving History: Your attorney must learn about any negative aspects of your driving history: outstanding warrants, unpaid fines, or other violations. You must address every outstanding issue on your record before you go to trial. This will help you in a couple of ways. First, it will assist your attorney when it comes to negotiating with the prosecutor regarding your case. Second, if you are found guilty, it will act in your favor in sentencing. It may influence the judge to be more lenient.

Prior DUI Convictions: Your first DUI with no prior convictions on your record will be classified as a simple Class B misdemeanor. Though you will face no jail time, a conviction will mean your license is revoked, fines will be

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During the time, between your arrest and when you go to trial, there are some things that you could do to prepare for your trial and to show you are proactive in changing your behavior.

YOUR DRIVING HISTORY

Your attorney will need to know about your driving history including any outstanding violations, unpaid fines or warrants for your arrest. It is critical that you resolve all of these outstanding issues prior to going to trial. This will help your DWI attorney in negotiating your case with the prosecutor and it will also look more favorable if you are found guilty and it comes time for the sentencing portion of your case and whether or not the judge will be lenient.

PRIOR DWI CONVICTIONS

If this is your first DWI and you have no previous convictions, it will be a simple Class B misdemeanor. You will not be required to go to jail, although if you are convicted you will lose your license, have to pay fines and usually be mandated to complete a drunk driving class. If you have one or more prior convictions in the last ten years, the next DWI conviction will carry a mandatory jail term. Usually, convictions in other states that fall within the time period count against you as long as the conviction in the other state is an equivalent offense.

ALCOHOL and/or DRUG ASSESSMENTS

Just because you are arrested for DWI doesn’t mean you are an alcoholic. It could have been one of the few times you are out with friends and just did not realize you were impaired. Your attorney could decide that it would help your case if you had an alcohol or drug assessment. If the results of that assessment show that you have a problem with alcohol or drugs, it would be critical to the outcome of your case that you finish any recommended treatments for your problems. You may be required to join Alcoholics Anonymous or a similar organization or possibly go to an alcohol treatment center. If the initial assessment shows no drug or alcohol problems, this will be a positive piece of evidence that your attorney may use before your case goes to trial as leverage with the prosecutor to have the charges against you dropped or reduced.

MONEY

The fact of the matter is that defending your DWI charge will cost money. There will be court fees, attorney’s fees, fines, bonds to get out of

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